AMIT KUMAR @ RAJA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/7936/2024 · 2025-04-17
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149231 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149231 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:21739 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7936 of 2024 Applicant :- Amit Kumar @ Raja Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Mohd. Mansoor,Manoj Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.285 of 2023, under Sections 379, 411, 467, 468, 471, 420 I.P.C., registered at Police Station Purwa, District Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.07.2023 alleging theft of a motorcycle committed on 02.07.2023. 4. The police claimed to have arrested two persons on 04.07.2023 on the basis of information received from a mukhbir and it is claimed that some stolen motorcycles were recovered from their possession and on the basis of information given by those arrested persons the applicant was also arrested from the mechanic's shop and four stolen motorcycles were recovered from the applicant's shop. 5. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. The applicant's involvement in six other cases has been disclosed in para 15 of the rejoinder affidavit, in both of which the applicant has already been granted bail. The two-accused persons Pradeep Kumar and Suraj have already been granted bail in the present case by the Sessions Court and Haroon in Bail Application No.13124 of 2023. 6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the alleged recovery has not been witnessed by any independent person; that two accused persons have been granted bail by the Sessions court and the applicant is languishing in jail since 07.08.2023 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 8.
8. Accordingly, this bail application stands allowed. 9. Let the applicant- Amit Kumar @ Raja be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. Order Date :- 17.4.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench